One Criminal Act Means One Punishment and One Punishment Alone
One Criminal Act Means One Punishment and One Punishment Alone In two recent cases, two different courts of appeals held that those accused of crimes who commit “one act” can only be punished for one act and not for several different crimes. If you are accused of a crime in San Bernardino, you must hire one of Wallin & Klarich’s experienced criminal defense attorneys in San Bernardino, who will ensure…
Read MoreOrange County Man Wins Appeal in Online Child Prostitution Sting
Orange County Man Wins Appeal in Online Child Prostitution Sting An Orange County appeals attorney has gotten his clients conviction overturned in a controversial sex crimes sting run by Huntington Beach police. Gregory Ruiz Aguirre, 53, was arrested after responding to an ad posted on Craiglist by Huntington Beach police pretending to be a 13 year old girl. Aguirre later showed up at a Carl’s Jr. Restaurant to meet the…
Read MoreHiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road
Hiring the Wrong Criminal Defense Attorney Can Lead to More Punishment Down the Road Bahman Khodayari was convicted of misdemeanor grand theft and misdemeanor insurance fraud. As a result of his conviction, Mr. Khodayari was placed on 36 months of probation, ordered to serve a year in county jail, and ordered to pay $25,057 in restitution. The court appointed an attorney, Charles Mashburn, to represent Mr. Khodayari in assisting him…
Read MoreSupreme Court Set to Rule Whether Police can Track Citizens with GPS Devices Without a Warrant
Supreme Court Set to Rule Whether Police can Track Citizens with GPS Devices Without a Warrant The United States Supreme court heard oral arguments on this exact issue earlier this week. This ruling will impact every individual in the country. The government wants the court to rule that is legal to monitor any person they “suspect” may be involved in criminal activity by use of a GPS tracking device without…
Read MoreWallin & Klarich Wins Appeal For Client Accused of Sex Crimes
Wallin & Klarich Wins Appeal For Client Accused of Sex Crimes The Fourth District Court of Appeals agreed with the attorneys at Wallin & Klarich and struck down and modified many conditions of probation on a sex crime defendant. The Appeals Court sided with Attorney Stephen Klarich and ordered the Superior Court of Orange to change their sex crime probation terms to comply with Constitutional standards. The Judge imposed terms…
Read MoreDoes permitting a victim to testify via closed-circuit television violate the defendant’s sixth amendment rights to confront the witnesses against him when there was no direct inquiry into how the victim would feel about testifying in the defendant’ presence?
Does permitting a victim to testify via closed-circuit television violate the defendant’s sixth amendment rights to confront the witnesses against him when there was no direct inquiry into how the victim would feel about testifying in the defendant’ presence? The principle behind Penal Code 1347 is making available the testimony of the witness. The main contention of the defendant in the application of §1347 is the fact that it was…
Read MoreFederal Court Overturns Conviction Of Teen Convicted Of Mass Murder In 1993 Due To Inadequate Miranda Warnings And A Coerced Confession
Federal Court Overturns Conviction Of Teen Convicted Of Mass Murder In 1993 Due To Inadequate Miranda Warnings And A Coerced Confession Johnathan Doody was a 17-year-old high-school student when he confessed to participating in the 1991 murders at the Wat Promkunaram Buddhist Temple near Phoenix, Arizona. The nine victims, including six Buddhist monks, two nuns and a novice, were found lying face-down in a circle, each shot in the head. …
Read MoreCalifornia DMV Hearings – Court of Appeals Determined Individual's Due Process Rights were Violated
California DMV Hearings – Court of Appeals Determined Individual's Due Process Rights were Violated In Petrus v. State of California Department of Motor Vehicles, the Court of Appeal, Fourth Appellate District, held that due process was violated where the defense is denied the opportunity to present a meaningful defense. The defense must be given the time needed to review and possibly rebut test results. The three-judge panel of the Fourth…
Read MoreOJ Simpson Conviction For Robbery And Kidnapping Upheld On Appeal
OJ Simpson Conviction For Robbery And Kidnapping Upheld On Appeal On October 22, 2010 the Nevada Supreme court denied OJ Simpson’s appeal to overturn his armed robbery and kidnapping convictions. Simpson was convicted by a Las Vegas jury for a crime in a hotel which he claims he was trying to reclaim property that belonged to him. Simpson is currently serving a felony sentence of 33 years in a state…
Read MoreCalifornia State Court Decision To Use Appellant’s Silence Against Him At Trial Violated The Fifth Amendment; Ninth Circuit Grants Habeas Petition
California State Court Decision To Use Appellant’s Silence Against Him At Trial Violated The Fifth Amendment; Ninth Circuit Grants Habeas Petition On August 23, 2010, the Ninth Circuit Court of Appeals granted the appellant’s habeas petition because the California Court of Appeal’s ruling that the appellant’s post-arrest silence may be used against him at trial violated the Fifth Amendment. The petition for writ of habeas corpus arose from appellant Dale…
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